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2009 Supreme(Bom) 1687

R.M.SAVANT
Roque Fernandes (since deceased) Through LRs. – Appellant
Versus
Dempo Properties and Investments Pvt. Ltd. – Respondent


Advocates appeared:
Mr. G. Shirodkar, Advocate for the Appellant.
Ms. S. Kamat Wagh, Advocate for Respondent no.1.

JUDGMENT

This Petition can be conveniently disposed of at the admission stage. Hence, Rule made returnable forthwith with the consent of the parties.

2. This Petition takes exception to the Order dated 26.11.2008 passed by the Administrative Tribunal in Mundkar Revision Application No.147/2003. The said Mundkar Revision Application has arisen out of the purchase application filed by the Predecessor of the Petitioners herein, before the Joint Mamlatdar, Mormugao, with respect to dwelling house in the property surveyed under chalta No.13 P.T. Sheet No.91 of City Survey, situated at Vasco da Gama. The said application was filed by the Predecessor of the Petitioners under Section 16 of the Goa, Daman and Diu Mundkars (Protection from Eviction) Control Act, 1975, (for short, 'Mundkar Act, 1975'). The said application was considered by the Joint Mamlatdar and was partially allowed and direction was issued to the Court Surveyor to demarcate the area taking into consideration the external outer wall of the dwelling house of the Applicants. In so far as the purchase price is concerned, the Joint Mamlatdar directed that the same will be done after the demarcated plan is confirmed by both the








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